Pruett, Robert Lynn ( 2015 )

WR-62,099-04
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/20/2015 3:52:54 PM
Accepted 4/20/2015 4:28:24 PM
ABEL ACOSTA
CLERK
No. WR-62,099-04
RECEIVED
COURT OF CRIMINAL APPEALS
4/20/2015
IN THE ABEL ACOSTA, CLERK
COURT OF CRIMINALAPPEALS
FOR THE STATE OF TEXAS
Ex parte Robert Lynn Pruett,
Applicant.
_________________________________
MOTION TO RECUSE JUDGE LAWRENCE MEYERS
_________________________________
CAPITAL CASE
MR. PRUETT IS SCHEDULED TO BE EXECUTED ON APRIL 28, 2015.
_________________________________
David R. Dow
Texas Bar No. 06064900
ddow@central.uh.edu
University of Houston Law Center
100 Law Center
Houston, Texas 77204-6060
TEL: (713) 743-2171
FAX: (713) 743-2131
No. WR-62,099-04
IN THE
COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
Ex parte Robert Lynn Pruett,
Applicant.
_________________________________
MOTION TO RECUSE JUDGE LAWRENCE MEYERS
_________________________________
To avoid any appearance of impropriety and promote public confidence in
the integrity of the judiciary, Relator-Petitioner Robert Lynn Pruett asks that Judge
Lawrence Meyers recuse himself, or be recused by the Court, from further
participation in this case. The basis for this motion is that Judge Meyers, on April
1, dissented from this Court’s order granting counsel leave to appear on behalf of
Pruett. His dissent, indicating he does not believe counsel should be able to file
anything on behalf of Pruett, would cause a reasonable person to question his
impartiality in this case.
The grounds for recusal of appellate judges are the same as the grounds for
the recusal of trial judges. See Tex. R. App. P. 16.2. Under Texas Rule of Civil
Procedure 18b(2), a judge must recuse himself in any proceeding in which:
(a) his impartiality might reasonably be questioned;
(b) he has a personal bias or prejudice concerning the subject matter or a
party, or personal knowledge of disputed evidentiary facts concerning
the proceeding.
Tex. R. Civ. P. 18b(2)(a), (b).
The standard for assessing judicial bias in this context is whether the
allegation of lack of impartiality is grounded on facts that would create doubts
concerning the judge’s impartiality – not in the mind of the judge himself, or even,
necessarily, in the mind of the party filing the motion, but rather in the mind of a
reasonable person with knowledge of all the circumstances involved. Kemp v.
State, 846 S.W.2d 289, 305 (Tex. Crim. App. 1992); see Rogers v. Bradley, 909
S.W.2d 872, 880-82 (Tex. 1995) (Enoch, J., responding to declaration of recusal).
The language of the rule is mandatory. The standard is an objective one: It
requires “the judge to recuse if ‘his impartiality might reasonably be questioned,’
regardless of the source or circumstances giving rise to the question of impartiality
and even though the source and circumstances may be beyond the judge’s volition
or control.” Rogers, 909 S.W.2d at 874 (Gammage, J., declaration of recusal).
Because of Judge Meyers’ decision to dissent to this Court’s order granting
undersigned counsel leave to appear, his impartiality with respect to any pleadings
for which counsel might seek leave to appear might reasonably be questioned by a
reasonable person. The dissent creates at least the appearance that he is biased
against counsel (or at least against counsel’s being granted leave to appear during
his suspension).
PRAYER FOR RELIEF
For the foregoing reasons, Mr. Pruett asks that Judge Meyers recuse himself,
or be recused by this Court, from the case.
Respectfully Submitted,
s/ David R. Dow1
__________________________
David R. Dow
Texas Bar No. 06064900
University of Houston Law Center
100 Law Center
Houston, Texas 77204-6060
Tel. (713) 743-2171
Fax (713) 743-2131
Counsel for Robert Pruett
1
On April 16, 2015, a motion for leave for counsel to appear in this cause number was filed.
The motion remains pending. Though counsel has yet to be granted leave to appear, he feels it
incumbent upon him to file this motion today, so as not to violate this Court’s Miscellaneous
Rule 11-003.
CERTIFICATE OF SERVICE
I certify that on the 20th day of April 2015, a true and correct copy of the
above legal document was delivered via email to:
Jefferson Clendenin
Assistant Attorney General
Criminal Appeals Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711
Tel. (512) 936-1600
Fax (512) 320-8132
Email jay.clendenin@texasattorneygeneral.gov
Melinda Fletcher
Special Prosecution Unit
mfletcher@sputexas.org
s/ David R. Dow
_________________________
David R. Dow